AFS-15-291-E

Exemption No. 13995

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

CHEVRON AIRCRAFT OPERATIONS Regulatory Docket No. FAA-2014-1111

 

for an exemption from § 91.9(a) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letters dated December 11, 2014, and June 24, 2015, Mr. Kevin Tauzier, Director of 

Operations, Chevron Aircraft Operations, 96 Runway Road, Picayune, MS, 39466, petitioned 

the Federal Aviation Administration (FAA) on behalf of Chevron Aircraft Operations

(Chevron), for an exemption from § 91.9(a) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would allow Chevron to take off and land 

AgustaWestland 139 (AW139) helicopters on helidecks smaller than the minimum 

demonstrated helideck size specified in the limitations section of the AW139 Rotorcraft Flight 

Manual (RFM).

The petitioner requests relief from the following regulation:

Section 91.9(a) prescribes, in pertinent part, that no person may operate a civil aircraft without

complying with the operating limitations specified in the approved Airplane or Rotorcraft 

Flight Manual (RFM). Specifically, the AW139 Rotorcraft Flight Manual Supplement 12, 

Part E, Section 1E, Limitations, specifies a minimum demonstrated helideck size of 50 feet by 

50 feet size or 50 foot diameter.

The petitioner supports its request with the following information:

Chevron believes that the requested exemption will continue to provide a level of safety equal 

to that provided by the rule that is currently in place for its other offshore operations. Chevron 
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states that it operates from land to offshore platform helidecks using several different model 

aircraft. The petitioner states that it holds Air Carrier Certificate AC2A685K for part 135 

operations and Repair Station Certificate AC2R685K. The petitioner explains that it operates 

the AW139 part 91 and can provide engine data for the AW139. Chevron states that it has 

operated 10 AW139's for 10 years from land to offshore helidecks and has accumulated over 

40,000 safe AW139 flight hours.

In its initial petition dated December 11, 2014, Chevron requested exemption from § 91.9(a) 

to allow it to operate AW139 helicopters “with limited exposure to engine failure during 

takeoff and landing between land-based and offshore facilities when operating between two 

offshore facilities, in day, night, visual flight rules, and instrument flight rules.” As stated 

above, § 91.9(a) requires the operator to comply with operating limitations specified in the 

FAA-approved RFM. Because Chevron was unclear from its petition which RFM limitation 

was at issue, the FAA requested that Chevron identify the requirement or limitation from 

which it seeks an exemption. 

The petitioner supplemented its request with additional information on June 24, 2015. This 

submission clarified that Chevron seeks exemption from § 91.9(a) to operate the AW139 in 

Category A operations from a helideck smaller than 50 feet by 50 feet or 50 foot diameter.

The petitioner states that the requested exemption, if granted, would allow Chevron to operate 

AW139 helicopters with limited exposure from an engine failure during takeoff and landing 

between land-based and offshore facilities or when operating between two offshore facilities, 

day, night, visual flight rules, and instrument flight rules. Specifically, the petitioner states that 

it is “requesting relief from Supplements 12 and 50, CAT A Helideck Size of the Rotorcraft 

Flight Manual and to operate Performance Class 2 (PC2). Supplement 12 (pgs. S12-17) and 

Supplement 50 (pg. S50-4) prescribes, in part, the heliport/helideck minimum size limitation 

of a 50 feet by 50 feet or 50 foot diameter.”

The petitioner states that PC2 (Section 9, pg. 9-129) allows Chevron to operate to a CAT A 

standard profile and performance at a reduced helideck size and to sea state 5. In addition, 

Chevron states that its AW139s are equipped with aircraft flotation gear and are certified for 

ditching in up to sea state 5.

The petitioner asserts that European operators, using the same aircraft, operate the AW139 in 

accordance with Joint Aviation Requirement-OPS-3 (Section 9, Supplemental Performance -

Performance Class), which already permits similar operations to smaller helidecks with 

limited exposure to engine failure.

The petitioner states that, if granted an exemption, it will operate in accordance with the

profiles and procedures of The Chevron Volume II, AW139 Standardization Manual:

1. Onshore departures will operate CAT A profiles and procedures;
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2. Offshore departures will operate CAT A profiles and procedures;

3. Offshore take-off decision point (TDP) is 20 feet above the helideck with a rotate 

point (RP) of 30 feet (This height will maintain helideck in view until reaching TDP);

4. Onshore landings will operate CAT A profiles and procedures;

5. Offshore landings will operate CAT A profiles and procedures;

6. Offshore landing decision point (LDP) is 50 feet above landing surface (ALS), 15

knots ground speed (GS), and 45' from center of helideck. (This position allows the 

crew to fly away or land one engine inoperative (OEI) and have a continuous view of 

the helideck starting 50 feet ALS);

7. All flight crews will evaluate helicopter performance, payload, temperature, pressure 

altitude and winds before every flight and then to fly disciplined CAT A takeoff and 

landing profiles that minimize the potential consequences of engine failure.

Chevron states they concur with and will incorporate into their manuals a minimum size 

helideck limitation of 35 feet by 35 feet or 35 foot diameter size along with other stated 

operating limitations. 

In addition Chevron states that it will further mitigate exposure by: 

1. Conducting flight operations to and from helidecks and shore based heliports that 

meet size and weight requirements appropriate to the aircraft configuration; 

2. Training its crews in a Level D, Full Flight Simulator (FFS) initially and annually, 

ensuring the highest levels of proficiency and competency for CAT A profiles and 

procedures for onshore and offshore settings in all engines operative (AEO) and 

OEI operations;

3. Conducting route checks to confirm that its crews remain procedurally compliant 

and use crew resource management principles during all flight operations; and 

4. Using Chevron Aircraft Operations Helicopter Flight Data Monitoring program to 

ensure flight profiles are in accordance with Chevron VOL II, AW139 

Standardization Manual.

The petitioner claims that granting of this petition would be in the public interest because the 

AW139 aircraft has replaced older designs which do not offer the same safety enhancements 

and are not required to meet the stringent performance requirements imposed on the AW139. 

The FAA found the petition, if granted, would set a precedent. Therefore, to allow for the 

public to comment on the petition, a summary of the petition was published in the Federal 

Register on August 28, 2015 (80 FR 52357). No comments were received.
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The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that, 

subject to the conditions and limitations below, a grant of exemption would be in the public 

interest and would provide a level of safety equivalent to that provided by the current 

regulations.

The FAA finds that that the petitioner operates the AW139 aircraft when operating between 

land-based and offshore facilities or when operating between two offshore facilities. The 

petitioner has been issued and maintains other aircraft as part of a part 135 certificate, but 

does not currently operate the AW139 aircraft on this certificate. If granted, the petitioner 

intends to add the AW139 aircraft to its part 135 certificate. 

The FAA recognizes that there may be instances in which a safe forced landing may not be 

possible due to environmental or other factors. The FAA notes that regulatory agencies 

worldwide have already applied risk management and permitted variations to specific 

operations, such as operations to helidecks where exposure to an engine failure is present 

without a safe forced landing area. Risk assessment is used to determine whether to permit 

these variations. When operations without suitable areas for safe forced landings are being 

considered, all relevant factors should be evaluated. These factors include the likelihood of 

the event, the possible consequences, and any mitigating measures weighed against the 

potential benefits of the operation. Accident history and other relevant safety data and 

analysis are crucial to making the operational determination.

The FAA concurs with the petitioner that permitting the use of the AW139 provides those 

passengers with efficient transportation, while maintaining a safe transportation system 

operating between land-based and offshore facilities or when operating between two offshore 

facilities. The prescribed flight profiles provide adequate safety margins to return to the point 

of departure in the event of a single engine failure in conjunction with the 35 foot limitation 

on the helideck size. Additionally, the survival equipment provided and worn by all 

passengers and the close proximity of rescuer capability mitigates the associated risk. These 

procedures, along with the training and checking of flight crews, supports the FAA’s 

determination that a grant of exemption would provide a level of safety equal to that provided 

by the rule. 

The proposed flight profiles are consistent with International Civil Aviation Organization 

(ICAO) standard profile for these types of operations and are safely utilized in other parts of 

the world. The FAA Aircraft Certification Organization, Rotorcraft Directorate established 

the 50 by 50 foot helideck limitation based on the demonstration flights; flights to smaller 

helideck sizes were not demonstrated. The Rotorcraft Directorate concurs with the granting of 

this exemption based on the utilization of the proposed flight profiles. 
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The FAA concurs that the public interest is served by the utilization of the AW139 aircraft as 

a replacement for older designs, which do not offer the same safety enhancements. The FAA 

finds that the granting of this exemption will provide an equivalent level of safety that is

currently in place for offshore operations.

The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701,

delegated to me by the Administrator, Chevron Aviation GOMBU is granted an exemption 

from 14 CFR § 91.9(a) to the extent necessary to allow Chevron Aircraft Operations to 

conduct arrivals and departures to and from offshore facilities of a size less than 50 feet by

50 feet or 50 foot diameter using approach and departure profiles similar to Performance 

Class 2 with limited exposure to engine failure operations within the United States, subject to 

the conditions and limitations listed below.

Conditions and Limitations

1. This exemption is limited to operations conducted in Chevron’s AW139 

helicopters.

2. This exemption is limited to a minimum helideck/helipad size of 35 feet by 35 

feet or 35 foot diameter for all AW139 landings and takeoffs on offshore 

helidecks. 

3. This exemption is limited to operations conducted between land-based airports 

and offshore heliports, or operations conducted between two offshore heliports.

4. This exemption is not valid for operations in foreign airspace without the prior 

authorization of the Civil Aviation Authority with jurisdiction over that airspace.

5. Occupants of flights conducted under this exemption must wear personal flotation 

equipment whenever the aircraft is over water and the aircraft must be equipped 

with floats, accessible rafts, and a 406 MHz beacon.

6. Chevron must make available and provide access, upon request by the FAA, to its 

engine reliability historical data for the AW139 in its fleet in order to provide ongoing surveillance of engine reliability.

7. Computations regarding the determination of the approach and departure profiles 

must not exceed the International Civil Aviation Organization (ICAO) standard 

for Performance Class 2 with limited exposure to engine failure of 9 seconds.

 
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8. Operations will not be conducted unless the current aircraft weight, altitude and 

temperature, as provided in the AW139 Rotorcraft Flight Manual, ensure the 

ability to climb 150 feet per minute at 1,000 feet above the takeoff surface with 

one engine inoperative and the remaining engine at maximum continuous one 

engine inoperative (OEI) power. 

9. Chevron must comply with, in addition to other routine preflight computations, 

the procedures cited in the AW139 Rotorcraft Flight Manual, part 2, Section IX 

Supplemental Performance Information and Supplement 12 CAT A Operations 

part E and I contained in the paragraphs titled "Offshore Helideck Take-Off and 

Landing Procedures", Supplement 12, part A contained in the paragraphs titled 

"Ground Level and Elevated Heliport/Helideck Vertical Take-Off Procedures,”

and Supplement 50 Increased Gross Weight 6800kg.

10. Chevron will operate in accordance with the profiles and procedures of the 

accepted Chevron Standardization Manual Volulme II, AW139—

a) Onshore departures will operate CAT A profiles and procedures

b) Offshore departures will operate CAT A profiles and procedures

c) Offshore take-off decision point (TDP) is 20 feet above 

the helideck with a rotate point (RP) of 30 feet (This 

height will maintain helideck in view until reaching TDP)

d) Onshore landings will operate CAT A profiles and procedures

e) Offshore landing decision point (LDP) is 50 feet ALS, 15 knots 

ground speed (GS), and 45 feet from center of helideck. (This 

position allows the crew to fly away or land OEI and have a 

continuous view of the helideck starting 50 feet ALS.)

All flight crews will evaluate helicopter performance, payload, 

temperature, pressure altitude and winds before every flight and then 

fly disciplined CAT A takeoff and landing profiles that minimize the 

potential consequences of engine failure.

11. Operations under the provisions of this exemption must be flown by two pilot 

crews that are qualified and current in the operation of the AW139.

12. Chevron’s approved training program must include provisions for training of 

appropriate crews on the profiles associated with a Performance Class 2 with 

limited exposure takeoff and arrival, including performance planning. Chevron 

must document the conduct and completion of that training for appropriate flight 

crewmembers.
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13. Proficiency in the use of the profiles described in Condition No. 10 must be 

demonstrated satisfactorily during recurrent evaluations required by §§ 135.293 

and 135.299.

14. Chevron will utilize a Level C or D flight simulator for the AW-139 as part of its

FAA-approved training program to train to proficiency the takeoff and landing 

profiles described above.

15. Chevron must establish parameters for takeoff and arrival at helidecks for its 

flight data monitoring program and provide ongoing surveillance of those 

operations.

16. Chevron must advise all AW139 flight crewmembers of the provisions of this 

exemption, and document that notification. 

17. A copy of this exemption must be carried onboard each AW139 utilizing this 

exemption.

This exemption terminates on December 31, 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C., on December 16, 2015.

/s/

John Barbagallo

Deputy Director, Flight Standards Service